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DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT FOR ex-PNSN, USN ND07-00810

CURRENT DISCHARGE AND APPLICANT’S REQUEST

Application Received: 20070531 Characterization Received: GENERAL (UNDER HONORABLE CONDITIONS) Narrative Reason: ALCOHOL ABUSE - REHABILITATION FAILURE Authority: MILPERSMAN 3630550

Applicant’s Request: Characterization change to: HONORABLE Narrative Reason change to: NONE REQUESTED Applicant’s Issues: 1. Reenlistment opportunities 2. Discharge was inequitable and improper because of the assigned Reenlistment code. 3. Post service

DECISION

By a vote of 5-0 the Characterization shall remain GENERAL (UNDER HONORABLE CONDITIONS). By a vote of 5-0 the Narrative Reason shall remain ALCOHOL REHABILITATION FAILURE.

Date: 20071213 DOCUMENTARY REVIEW Location: WASHINGTON D.C Representation: NONE

DISCUSSION

Issue 1: This is either an Issue which the Board cannot form the basis of relief for the Applicant, or one that the Board does not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum regarding this Issue.

Issue 2: (Propriety/Equity). The Applicant contends that his discharge was inequitable and improper because of the assigned Reenlistment Code on his DD 214. The Applicant was diagnosed by competent medical authority as being alcohol dependant and was recommended Level III treatment for his dependency. The Applicant refused alcohol rehabilitation treatment and was not attending prescribed Alcohol Anonymous meetings. Upon refusal, his Commanding Officer initiated administrative separation proceedings to involuntarily separate the Applicant due to Alcohol Rehabilitation failure. The Commanding Officer concluded that the Applicant had no further potential for service. The Applicant refused his second opportunity to attend alcohol rehabilitation treatment prior to separating or after separation at a VA facility.

When a Sailor’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. An under honorable conditions (general) discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s conduct during the current period of service, which forms the primary basis for determining the character of his service was marred by two retention warnings and two nonjudicial punishments (NJP) for violations of the Uniform Code of Military Justice (UCMJ), Article 86 (Unauthorized absence) and Article 134 (Drunkenness). An upgrade to honorable would be inappropriate.

Issue 3: (Equity). There is no law or regulation, which provides that an unfavorable discharge, may be upgraded based solely on the passage of time. Normally, to permit relief, a procedural impropriety or inequity must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered. The Applicant provided no documentation of post-service accomplishments. The Applicant could have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, and certification of non-involvement with civil authorities. Absent any documentation provided by the Applicant for the Board to consider, the Board determined that the Applicant’s service record did not mitigate the misconduct that resulted in the characterization of discharge. An upgrade would be inappropriate.

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. After a thorough review of the available Docket No. ND07-00810 evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that the discharge was proper and equitable.

SUMMARY OF SERVICE Prior Service: Inactive: USNR (DEP) 19900629 - 19901203 COG Active: NONE Period of Service Under Review: Date of Enlistment: 19901204 Years Contracted: 4 Date of Discharge: 19920721 Length of Service: 01 Yrs 07 Mths 18 Dys Lost Time: Days UA: NONE Days Confined: NONE Education Level: 12 Age at Enlistment: 21 AFQT: 77 Highest Rank/Rate: PNSN Evaluation marks (# of occasions): Performance: 3.6(2) Behavior: 3.5(2) OTA: 3.70 Awards and Decorations (per DD 214): NDSM, SASM, SSDR

MEDICAL/SERVICE RECORD ENTRIES RELATED TO CHARACTERIZATION OF SERVICE OR BASIS FOR DISCHARGE

19920305: NJP -- Viol UCMJ Art. 86 - Absence from unit (2 hours, 35 minutes). Awarded - Restr for (7 days); Extra duties (15 days). Restr for 2 days suspended for 6 months.

19920312: Retention Warning for your inability to conform to Navy standards as evidenced by your Captain’s Mast for absence from unit, organization, or place of duty, which are prejudice against good order and discipline.

19920603: Medical Record: Reason for visit: Evaluation for alcohol dependency. Diagnosis: Meets criteria for alcohol dependence. Recommendation: Level III treatment.

19920604: CAAC evaluated applicant and found applicant to be alcohol dependent. Referred to Level III ARC/ARD program for alcohol. Applicant to attend 3 command monitored AA meetings per week while awaiting treatment. Applicant referred to medical officer for alcohol dependency evaluation.

19920610: Vacate restriction awarded at NJP dated 19920305.

19920610: NJP -- Viol UCMJ Art. 134 - Drunkenness. Awarded - FOP ($300.00) for (1 month); RIR (E-1); Restr for (20 days); Extra duties (20 days). RIR suspended for 6 months.

19920617: Retention Warning for your inability to conform to Navy standards as evidenced by your Captain’s Mast for violation of UCMJ Article 134: Drunkenness, to the prejudice against good order and discipline.

19920622: Applicant refused to participate in Level III treatment and has not been attending AA meetings.

19920707 Applicant declined alcohol treatment prior to separation or treatment at a VA facility after separation.

DISCHARGE PROCESS

Date Notified: 19920701 Reason for Discharge: ALCOHOL ABUSE REHABILITATION FAILURE Least Favorable Characterization: GENERAL (UNDER HONORABLE CONDITIONS)

Date Applicant Responded to Notification: 19920702 Rights Elected at Notification: Consult with Counsel WAIVED Obtain Copies of Documents WAIVED Submit Statement(s) (date) WAIVED Administrative Board WAIVED GCMCA review WAIVED

Commanding Officer Recommendation (date): GENERAL (UNDER HONORABLE CONDITIONS) (19920708)

2 Docket No. ND07-00810

Separation Authority (date): BUPERS (19920802) Reason for discharge directed: ALCOHOL ABUSE REHABILITATION FAILURE Characterization directed: TYPE WARRANTED BY SERVICE RECORD Date Applicant Discharged: 19920721 TYPES OF DOCUMENTS SUBMITTED BY APPLICANT AND CONSIDERED BY BOARD

Related to Military Service: Service and/or Medical Record: Other Records:

Related to Post-Service Period: Employment: Finances: Education: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References:

Additional Statements From Applicant: From Representative: Other Documentation (Describe)

PERTINENT REGULATION/LAW

A. The Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 August 1991 - 2 March 1993), Article 3630550, SEPARATION OF ENLISTED PERSONNEL BY REASON OF ALCOHOL ABUSE REHABILITATION FAILURE.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs, Part V, Para 502, Propriety and Para 503, Equity.

3 Docket No. ND07-00810

ADDENDUM: Information for the Applicant

Complaint Procedures: If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC 20301-4000. You should read Enclosure (5) of the Instruction before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Instruction 1332.28 and other Decisional Documents by going online at “http://Boards.law.af.mil.”

Additional Reviews: Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge. Representation at a personal appearance hearing is recommended but not required. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits: The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

Employment/Educational Opportunities: The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.

Reenlistment/RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

Medical Conditions and Misconduct: DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.” Only the Board for Correction of Naval Records can grant this type of narrative reason change.

Automatic Upgrades - There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service. The NDRB is authorized to consider post- service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.

Issues Concerning Bad-Conduct Discharges (BCD) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed.

Board Membership: The names and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

Secretary of the Navy Council of Review Boards Attn: Naval Discharge Review Board 720 Kennon Street SE Rm 309 Washington Navy Yard DC 20374-5023